University of Oxford Estates Services. Planning Procedures

Transcription

1 1. Appointment of a planning consultant University of Oxford Estates Services Planning Procedures Whenever a planning application is necessary, project managers should consider whether a planning consultant should be appointed to prepare the application for planning permission, negotiate with the local authority and arranging for discharge of conditions. Where a planning consultant is to be appointed, the work should be tendered in accordance with usual OUES procedures. The Director of Asset and Space Management should be consulted on the planning consultants to be included on the tender list. Planning consultants should be appointed on the Estates Services ( OUES ) standard terms of appointment as early as possible. Where the University considers that an Environmental Impact Assessment (EIA) should be submitted with the application, the University will appoint an EIA consultant to prepare the information and manage the process. This may not be carried out by the planning consultant. The University may also appoint a specialist communications agency to manage the consultation process. Where a specialist agency is not appointed for the communications process, this will be the responsibility of the planning consultant in accordance with the requirements of this note. 2. Discussions with the Local Planning Authority ( LPA ) The LPA should be consulted when a feasibility study is started for a development which may require planning permission or listed building consent. Where the development is taking place within the Oxford City Council administrative area, Project managers should advise the Head of Conservation and Buildings that the proposals should be considered at the regular meetings between the University and City Council unless project specific meetings are taking place. Minutes of all meetings and telephone calls with local authorities, statutory consultees and interested parties must be taken and agreed by both the LPA and Estates. The project manager should review these minutes and note any actions arising. The project manager is responsible for ensuring that the planning consultant is aware of any outstanding actions. All minutes should be copied to the Director of Capital Projects and Property Management and the Director of Asset and Space Management. The Director of Estates and the Director of Asset and Space Management have regular meetings with Oxford City LPA at which strategic planning issues are discussed. Where a development proposal may have strategic importance to the University, or affects a site on which more than one development will eventually take place, the Director of Estates must be made aware of the development so that any strategic issues arising from this development have been discussed with the LPA at the earliest possible opportunity.

2 3. Pre-application consultation The Project Manager must comply with the consultation requirements set out below and advise the PSG of the programme implications as a result of the consultation process itself and where changes to the development become necessary to respond to consultation responses. The Project Manager must comply with any pre-application procedural requirements adopted by the LPA, and ensure that evidence is collected and retained to show that these procedural requirements have been met. A detailed pre-application consultation procedure should be adopted for all applications, unless the Director of Estates or Director of Asset and Space Management has agreed to a reduced level of consultation on any particular development. The pre-application consultation procedure should include letters to potentially affected residents and a public exhibition. The date, place and times of the exhibition should be published in the local press. A record should be kept of all attendees at the public exhibition and of any comments made as a result of the consultation exercise. Major development, which involves the provision of housing where the site has an area of 0.5 ha or more, or the construction of a building with floor space of 1000m2 or more, or development on a site with an area of 1ha or more will generally require two consultation events and the project manager must allow sufficient time for these to take place with an opportunity to review feedback and potentially alter the design after each event. Ward Councillors for the development should be invited to each consultation event. All local community groups should be informed of the application and invited to the public exhibition. Copy letters sent to local community groups must be retained for future reference. Local residents who are or may be affected by the proposed development should be informed of the proposals, the dates of the public meetings and be invited to participate in the consultation process. Copies of the letters sent to local community groups must be retained for future reference. Minutes should be taken of all meetings with the local authority, statutory consultees and local interest groups. These minutes should be issued to the consultee and agreed. The University should be separately informed of the consultation events and a representative of the University will attend public meetings and exhibitions, meetings with the LPA and meetings with statutory consultees. Sarah Walton, the Head of Communications for Estates should be informed of the need for consultation and kept fully involved in the process. The Director of Asset and Space Management should be invited to PSG meetings during the planning application process. Feedback from the public consultations on planning applications must be provided to the Project Sponsor Groups.

3 Where consultees are strongly opposed to the development, these objections should be reported to the PSG, the Design Team, the Director of Capital Projects and Property Management and the Director of Asset and Space Management (or other nominated Estates representative). The PSG should consider whether to instruct the Design Team to prepare alterations to the proposed development. If the PSG decides to proceed without addressing the consultation responses, the PSG minutes should record the discussion which took place and the reasons. If the PSG considers that amendments should be made to the proposals to address consultation responses, or indeed that some objections are not sustainable, a further full round of consultation should be carried out to ensure the public and interest groups are aware of the proposals. Where a statutory consultee has objected to the development, the reasons for the objection and the options for resolving the objection must be recorded by the PSG. Where the objection is capable of being addressed by a condition, the Project Manager should ensure that the PSG is made aware of the implications of the condition including on timescales for carrying out the development. Departures from this process may be considered where the application is for a development which would normally be treated as permitted development 1 or for minor alterations to existing buildings where the determination process for the local authority will not exceed 8 weeks. Any proposals for departures from this procedure must be approved in writing in advance by the Director of Estates. In these cases, LPA consent to the abbreviated procedure should also be obtained in writing. 4. Environmental Impact Assessment The EIA implications must be considered on each development. EIA should only be readily discounted for those applications which involve only internal restructuring or minimal new building work. The Director of Asset and Space Management will advise in conjunction with the LSO as to whether an EIA is required. Where project managers are advised that this is necessary, they must allow time for preparing an EIA in accordance with the Regulations and the extended time for consideration by the Council in the development programme. Where the Director of Asset and Space Management and the LSO consider that an EIA is advisable but not necessary, the PSG must consider whether an EIA should be carried out in the particular circumstances of the proposed development. If the PSG consider that an EIA should not be volunteered, the planning consultant must ask the LPA to issue a screening opinion which should be accompanied by a detailed screening report setting out why the development is not EIA development. Where an EIA or screening report is necessary, an EIA consultant should be appointed by the University. The project manager and full design team will need to provide the consultant with all the information necessary to assess the development. 1 Please consult the LSO if you think the application may constitute permitted development. Do not proceed until the position has been confirmed either by the LSO or the LPA.

4 When an EIA has been prepared for a development, the development must be built in absolute accordance with the details which have been assessed. Outline applications for development accompanied by an EIA will need to have the EIA updated to accompany each reserved matters submission. Developments which either require an EIA or which are subject to a screening opinion that the development is an EIA development which does not have an effect on the environment, must be either accompanied by an updated EIA for the discharge of pre-commencement conditions, or be screened again to determine whether the discharge of the precommencement conditions will result in a significant environmental effect. 5. University approval of submission of planning application A planning application must be approved by the necessary University committees prior to submission i.e. PSG, BESC and PMSC. Once University committee approval has been obtained, the application should be prepared by the planning consultant (if appointed) or project manager. The project manager should check the application carefully before submission to ensure that the applicant details are correct; the description of the site area and contamination status is correct and the details of the application including the red line boundary are accurate. The completed planning application form and submitted documents must be approved by the Director of Asset and Space Management before submission. The project manager should confirm the land ownership arrangements with the Estates Information Management Team. All landowners need to be notified of the application, it cannot be assumed that the University own the entire site. 6. During the application process Consultation requirements. Where a planning consultant is appointed, he must ensure that the LPA has published the necessary site and newspaper notices and informed the relevant statutory agencies of the application. Where a planning consultant is not appointed, the project manager will be responsible for checking the notices. The site notices should be monitored and additional notices provided if necessary. The project manager and planning consultant should send a copy of the application through directly to the statutory agencies and the recognised local interest groups including the Oxford Preservation Trust, the Oxford Civic Society and any other organisations specified by the LPA. Request for additional information Where there is a request for additional information from an LPA or one of the statutory agencies, this information should be prepared and provided as quickly as possible. If this request relates to an EIA application, further consultation will be needed to comply with the Regulations and it may also be necessary to post additional site and newspaper notices.

5 Amendments to the application Where amendments to the application are proposed, these need to be submitted to the LPA with a revised EIA report (if necessary). At least 21 days for additional consultation should be allowed with any submission of amended plans. Consultation should be carried out on the amendments as set out in section 2 and it may also be necessary to post additional site and newspaper notices. Section 106 Agreements (Oxford City only) Section 106 Agreements are now only required for elements of the development which apply specifically to the site and the LSO can advise on whether a particular requirement is likely to warrant a S106 obligation. Where a S106 is required, sufficient time should be allowed to enable this to be agreed. The heads of terms should be agreed with the City, relevant local planning authority and County Council officers so far as possible before the application goes to Committee. 7. Committee meeting The planning consultant and/or project manager should liaise with the planning officers to invite the committee members to visit the site before the committee meeting and ensure the committee has all the information it can usefully require to take the decision on the development. The project manager and planning consultant should attend the committee meeting with a prepared presentation which has been approved by the PSG in advance. It may also be appropriate for a member of the University to speak in support of the application. This should be discussed with the Director of Asset and Space Management and the PSG. 8. Following committee decision / grant of planning permission Community Infrastructure Levy / Section 106 Agreement The Community Infrastructure Levy ( CIL ) will be due for payment on all new development within Oxford City unless the University is able to rely on the charitable exemption under Regulation 43 of the CIL Regulations. CIL is payable within 60 days of the commencement of development. The standard rate is 100sqm for uses falling within Use Classes A1-5, C3, C4 and student accommodation. All remaining uses will be charged at 20sqm. The charitable exemption can only be granted before the commencement of development. Both the application for exemption and the LPA s decision on the application for exemption must be received before the development starts. Failure to obtain confirmation of the exemption will mean that CIL is payable. For Section 106 Agreements see (6) above. Please discuss potential CIL liability and Section 106 payments with the LSO as soon as possible after the application has been made.

6 Discharge of conditions The planning consultant and project manager must provide the PSG, the Director of Capital Projects and Property Management and the Director of Asset and Space Management with a tracker list of all the conditions attached to the planning permission, which should particularly identify any which need to be discharged before the works begin or before occupation is allowed. The tracker should be updated regularly and an up to date version should be included in the PSG report. Details of any conditions which need to be discharged before works start on site must be approved by the LPA before any works on the site begin, even if the LPA s planning officers have verbally consented to the works. Pre-commencement conditions on EIA development must be accompanied by an updated EIA. A schedule should be prepared of the remaining conditions together with timescales for discharge. This schedule should be monitored at PSG meetings to ensure that the arrangements for discharge of the conditions are being complied with. The PSG should be informed when the details to discharge the condition is submitted to the LPA, and when approval of the details has been received. The project manager and planning consultant should ensure that details are discharged within the timescales set out in the planning permission. Non-material amendments. Amendments to the design of the building should be kept to an absolute minimum, especially where EIA is involved. If non-material amendments are necessary, details should be submitted to the LPA with accompanying drawings at the earliest possible opportunity and before the works are actually carried out. Work should not take place in accordance with the revised details until written approval has been received from the LPA. If any works are undertaken before the approval has been received from the LPA, there is a risk that these changes will be treated as unauthorised and the original proposals must be reinstated. The PSG should be advised of this risk. Planning records Copies of the planning permission, the accompanying drawings, public comments, an EIA and any details submitted to discharge conditions should be recorded electronically as pdfs and sent to Estates Information Management to add to the site records.