Publicising Pre Application Enquiries - Public forum - Planning Advisory Service (PAS)

I did not know you can do this as I thought such information was not in the public domain for example it could be commercially sensitive and is information submitted in confidence. In addition would it not raise issue of unnecessary potential conflict and additional work responding to inquires for development which may never progress to an application

In Poole, for the last year or so we have been publishing Pre App advice once it becomes a live planning application. This includes meeting notes, details of the advice given etc. We publish all details with the exception of any site or commercially sensitive information. The agents / developers are made aware of the publication prior to start of the pre app process. Most have accepted this subject to the sensitive information not being published. Keith

I've always understood that it is an unwritten rule that preapps are confidential (unless FOI'd). As Martin says there could be significant commercial repurcussions. I can see the logic in doing it: not only is it consistent with involving stakeholders at the earliest possible opportunity but it also allows you to direct developers to your previous answer for those sites where you get numerous enquiries. However, it might discourage full disclosure at preapp stage and hinder the process. Also, I would have thought to avoid criticism you would have to do as Poole does and make absolutely sure developers were aware you would be publishing; most would not see, for example, a disclaimer on your website. Keith, how do you make developers aware prior to the start of the preapp process? I will be interested to see if anyone already publishes preapp on receipt or what reaction this would get from consultants. If you do end up going ahead Brian please let us know how you get on!

This issue raised its head again this week. We accept that pre-apps are commercially tricky. We operate the process through obscurity - they are usually disclosable under FOI but because no one knows they're happening the FOI isn't initiated. A bit like the super-injunction on that footballer. What's to stop me setting up a business that FOIs each council each month and then collates the resultant pre-app information into some kind of journal that I can sell to land speculators and the like ? Anyone got any further with their thinking on this ?

Yes, I'm thinking I want to invest in your business idea.

I would be interested to know what Richard knows about it ‘raising its head again’, but in respect of any further thinking by us, I have to say it fell in the ‘too tricky to deal with just yet’ category. But we do share the existence of pre app enquires with elected members, and also with an amenity group that covers the whole city. Details are on our web pages, and if a pre app enquiry came with a confidential qualification new would respect that. We do discuss this with our agents, and although there are issues raised about possible confidentiality and commercial sensitivity, in our experience in most cases these don’t apply, and there is interest expressed particularly in early contact with members. I still think the benefits of involving local members and local communities in the planning application process at the earliest stage is a good thing, so maybe we will push it up our agenda again.

Nothing mysterious, it came up at the first of our events last week. One thing I hadn't seen clearly until delegates kept raising it was that in amongst the push for PPAs there should be a recognition that pre-app and PPA are on the same sort of spectrum. And, when we were having a kick-around of the issues raised by the presentation on PPAs the key issues that came from the floor were - does this create a two-tier service ? - how "public" (and at what stage) does the pre-app / PPA go ? - and, depending on the answers above, what would the perception of all this work behind closed doors (in return for a fee) be from our communities ? As sometimes happens it may be that these issues in abstract seem awkward but in practice are not. That was certainly the opinion of our guest council. Your point, Bryan, is germane. If the developer requires access to members then they cannot expect to do this under strict confidentiality clauses. Or at least, if they did the value of the interaction would be reduced. You can't use councillors as a weather vane without allowing them access to the wind.

thanks Richard, not only a stats legend, but a bit of a poet as well! Ok to use the weather vane example and claim it as mine?