Planning Advisory Service (PAS)

RE: Budgeting for application fee setting

2025-12-12T09:27:02Z

Hello Roger - PAS did a survey on fee setting in August/September and we recently ran a session in November to communicate the results. We have a fee setting Network that you would be welcome to join (if so confirm by email: martin.hutchings@local.gov.uk) where we are discussing fee setting and all of the associated activities including budgeting. Discussions at the November session on timing were that a consultation on a new set of National fees is expected in early 2026, regulations likely in late 2026 with localised fee setting to start from 2027/28 financial year - not confirmed, it may (probably will) change but that's where the group felt things were heading when discussed at our November session. The annual inflation uplift continues (next in April 2026).

RE: Ideas for reducing invalid applications

2023-05-02T07:11:12Z

Hello Graham - there's not usually much new under the sun/silver bullets on these sorts of things - as others have hinted it needs LPAs and applicants to be diligent. The opendigitial work will I'm sure help crack the largely routine applications eventually but in the meantime we need approaches that allow for the variety inherent in the planning system and how different players engage with it. Clarity (many websites are not), clear communication, a bit of flexibility and pragmatism are key. PAS has a toolkit (the DM challenge toolkit) that includes a section on managing the validation process, our pre-application/PPA research and findings should also be useful.

RE: Local Plans and Lisa Smith Court of Appeal Case

2023-04-19T07:44:26Z

Good question Adam. Thought it'd be useful to highlight the paragraph in the Inspector's letter for Central Lincs plan:

Gypsy and Traveller and Travelling Showpeople Accommodation – Policy S83
238. As submitted, the Plan identified a need for additional Gypsy and Traveller pitches based on the definition in the Planning Policy for Traveller Sites (‘PPTS’) (32 additional pitches between 2019 and 2040). However, following submission of the Plan, the Court of Appeal38 held that the definition was discriminatory. To ensure that the Plan is justified and positively prepared, it is therefore necessary to update the text by reference to the higher figure in the Gypsy and Traveller Accommodation Assessment (‘GTAA’), which does not exclude people who have ceased to travel permanently. This is achieved by MM94 and refers to a need for 41 pitches between 2019 and 2040.

Securing Resources for Joint Plans

2022-01-12T09:24:36Z

Hello all – I am interested in hearing from those of you that are/have been involved in producing joint plans among 2 or more LPAs. The specific ‘ask’ is whether anyone has created a means (e.g. an MOU) to ‘secure’ a level of input from participating individual councils. I appreciate that many of these plans will have relied on general commitments to ‘work together’, but I just wondered if anyone has gone a little further to secure a minimum level of commitment – e.g. minimum committed amounts of time which each authority’s Planning Policy Team (or individual officers as appropriate) will dedicate to the preparation of the joint plan? Thanks.

Use Class E / Viability / Plan Making

2021-10-01T09:25:05Z

I am working with a number of councils that are in the process of getting their site allocations plan ready for a Reg 19 consultation and doing a viability assessment as part of the evidence base. They are pondering how the new class E should be treated in the assessment – some are suggesting specific uses in their plan and will try to use conditions to pin them down when the applications come in.

I'm not sure about this so wanted to ask how are others factoring Class E into their assumptions? Do assessments just continue to be undertaken as they've always been? If so, is this potentially less favourable towards the potential value of a development now that future uses are so flexible?

RE: Amendments to Use Classes Order 2020

2020-08-03T10:49:55Z

Thanks Rachael - We have just created a new category in the PAS Forum for this subject.

Use Class Amendments - First Views / Impressions?

2020-08-04T08:43:54Z

We've begun talking to councils to assess the impact of the amended Use Class Order (made 20 July, in force 1st Sept). There are broadly 2 camps:

1) Those actively considering the impact on Policy issues (e.g. Allocations for types of Use, Town Centre Policy predicated on uses, Town Vs Out of Town policy) and Development Management issues (transitional issues, withdrawn applications, income down / work up).

2) Those waiting to consider the impact - until the government makes its policy announcement to consider everything together.

What camp are you in? How do you think it is going to affect:

Plan making? Development management? CIL ? Appeals? What else?! Thoughts here please...

PS (Thanks Rachel Almond for your post - we've created a new category).

RE: SPD consultation & COVID-19

2020-05-12T06:42:41Z

The requirement regarding hard copy docs/usula place of business is set out in Reg 35, the Regs for specific plan stages that link to Reg 35 are Regs 19, 22, 24, 25, 26. I am no lawyer, and this isn't legal advice, but Reg 35 does not appear to relate to Reg 18 - however, your SCI may say something different regarding Reg 18 stage...

RE: Error in new PPG para 107 on decision making prior to a referendum?

2020-04-29T16:53:55Z

Ryan - thanks for this - PAS has drawn this to the attention of MHCLG - you were right and they are correcting this today. Thanks Ryan, Forum earns its keep once again.

Helen

Other helpful resources - site notices and publicising applications

2020-04-16T08:03:51Z

Interesting piece from Kings Chambers excerpt from conclusion:

In conclusion, the authors of this Article see no insurmountable barriers to the determination of applications on the basis of the publicity requirements of the legislation in during the coronavirus outbreak. For most types of applications, alternatives exist to publicising the application by way of site notice, but in any case, the authors do not consider that the restrictions on movement in the Coronavirus Regulations restrict LPA Officers from posting site notices in fulfilment of their legal obligations.

RE: SPD Adoption during covid 19 lockdown

2020-04-09T07:03:09Z

This came out on 6th April https://www.gov.uk/guidance/neighbourhood-planning--2#covid-19 but I agree a clearer steer would be welcome - PAS FAQs include a section on plan making consultation which you could read across to Neighbourhood Plans.

RE: SPD Adoption during covid 19 lockdown

2020-04-08T06:36:16Z

Roger, Andrew - I just wondered did the legal advice you receive consider Hans' point above and conclude that it didn't apply to Reg 35?

RE: SPD Adoption during covid 19 lockdown

2020-04-06T10:46:49Z

I think if you were writing your SCI today you'd sit behind this, but I still think changing your SCI, including a message on website regarding the change is the safest bet if you've stated 'hard copies in libraries etc.'. I suppose in future we'll word the SCI to say something like '...unless a national emergency e.g. a pandemic prevents us form doing so.'

RE: Housing monitoring and forecasting

2020-04-06T07:29:30Z

On the edge of their seats no doubt!

RE: Housing monitoring and forecasting

2020-04-06T07:21:37Z

Thanks Beth and Steve of these contributions. The very fact that site visits are the only way of having complete confidence in what is happening on the ground says a lot about what we already know are massive gaps in the local council’s/sector’s ability to record, collate and analyse data with any confidence. Our FAQ basically says: ‘look to your colleagues in CTax, building control, bin registrations etc. The physical inspection I agree could be done safely in some circumstances but it probably doesn’t sit well with the ‘essential visits’ / ‘stay at home’ advice, but your council may be comfortable with some approach e.g. a 'drive-by' - however manylarge sites will be inaccessible. The whole deferring for a year thing opens up other issues as pointed out. I guess you could collate whatever info you can via other means so you are not sitting still, but if the only way you gain ultimate confidence is by a SV then you’ll have to balance doing this work in stages (i.e. collate what you can now, SVs at a later date) with doing it all at once at a later date.

Other helpful resources - 50 Shades of Planning Podcast 28th Mch 2020

2020-03-31T09:15:41Z

PAS's very own Anna Rose discusses the impact of Coronavirus on the planning system with 50 Shades' Sam Stafford, Jonathan Easton (Barrister at Kings Chambers) and Stefan Webb (Place Director at FutureGov).

Other helpful resources - Simonicity 2

2020-03-30T21:20:22Z

This is a useful record/update of where things have got to with committees.

https://simonicity.com/2020/03/28/keeping-calm-carrying-on-planning-committee-meetings/

RE: DM Performance – Latest on Speed and Quality of Decision Making 2019

2019-07-03T05:32:30Z

Thanks Clive - yes definately could cause an issue for the designation stats esp Table 153 on no majors that I work off. I have also contacted MHCLG to see if the performanc team are aware of anything. Keep us posted if you get a response. Cheers.

DM Performance – Latest on Speed and Quality of Decision Making 2019

2019-04-25T14:30:28Z

There are 2 important things to take from this message:

PAS has tools to help you manage and monitor performance - the 'PAS Crystal Balls' (attached).
We have a range of performance improvement support; free to councils in most need (contact martin.hutchings@local.gov.uk directly for more information and help)

There are 2 parts to the ‘designation’ regime – ‘Speed and Quality’. A full explanation of how it all works can be found HERE.

Speed of Decision Making

Current assessment period: October 2017 - September 2019

Quarters that have elapsed so far: 5

Quality of decision making*:

Current assessment period: April 2017 – March 2019 (decisions made), April 2017 – December 2019 (appeals received).

Quarters that have elapsed so far: 3

* visit PAS blog where I have made an additional explanation of how the Quality measure works

How PAS Supports councils (1) - avoiding designation

PAS' job on Designation is to help councils with how to recognise, measure and most importantly how to avoid designation.

Attached are the latest versions of the PAS 'Crystal Ball(s)'. They allow you to measure performance in as close to real time as you care to feed in your most up to date performance data. I'd encourage ALL councils to use the crystal balls as part of their performance management framework – don't get caught out - poor performance often ‘creeps up’ and over a 2 year reporting period just a couple of poor quarters can really drag overall performance down leaving little time to recover.

How PAS Supports councils (2) - how best to respond if you're in danger

PAS monitors councils’ performance each time the government publishes a new set of statistics (the ‘live’ tables). We look out for performance scores that are either close to or below the designation thresholds, or are on trajectory that is pointing towards trouble. We write to the head of planning in the spirit of: “we assume everything is in hand, BUT if you’d like some support, we have a range designed to help you improve performance in your specific circumstances”. PAS support ranges from the simple and straightforward e.g. a review of your PS1/2 returns to a more in-depth on-site service improvement review or a peer challenge of your planning committee operations and processes.

The 2 year reporting period, plus the quarterly publishing of the performance data means that new councils can appear on our radar each time the government publishes the latest statistics - so keep an eye on your inbox.

Either join the discussion here or contact martin.hutchings@local.gov.uk directly for more information and help.

Performance Statistics, Designation & PAS Crystal Ball(s) 2018

2018-09-21T10:46:10Z

Hello - this thread replaces 'Designation crystal ball 2017' - which is DEFINITELY STILL WORTH A READ - it has loads of great info and guidance, and is a useful history of how PAS and councils have been responding. It's got a bit unwieldy though so I'm beginning a new thread here for the current designation period.

Latest performance statistics are out (20/09/2018)

The latest stats were published yesterday MHCLG. Only one more quarter to go, and that is almost over (to end of September).

PAS Support (1) - get ahead of the game - avoiding designation

PAS' job on Designation is to help councils with how to recognise, measure and most importantly how to avoid it (I wrote a blog last year on that very matter - it's still relevant just move the dates referred to on one year)

Attached are the latest PAS 'Crystal Balls'; one for speed, one for quality. They let you measure performance in as close to real time as you care to feed them your most up to date performance data. I'd encourage ALL councils to use the crystal balls as part of their performance management framework – don't get caught out - poor performance often ‘creeps up’ and over a 2 year reporting period just a couple of poor quarters can really drag overall performance down leaving little time to recover.

PAS Support (2) - get ahead of the game - how best to respond if you're in danger
If you are a head of planning I will most likely have written to you earlier this year if I had concerns about your performance, offering a menu of support including FREE help to:

re-check your PS1/2 data submissions (you'll not be surprised to learn that most I check have errors)
review DM process efficiency if you are failing on the Speed measure
review committee operation and decision making if you are failing on the Quality measure.

The 2 year reporting period means new councils can appear on my radar each time the government publishes the latest statistics - so keep an eye on your inbox in the next week.

Quality of decisions assessment - warrants a special mention

The Quality measure is still fairly new and it has a number of confusing elements to how it functions and the assessment period it uses (which is not the same as the speed measures). Lots of us are still not 100% clear on how it operates - you're not alone - have a look at a blog I did attempting to explain the quality measure here and how one council I was impressed with tries to stay ahead of things here.

Have a look at/use the Crystal Balls and let me know how you get on/what you think.