Planning Performance Agreements & Development Viability

Planning Advisory Service (PAS)

Open group | Started - July 2012 | Last activity - Yesterday

Former Member, modified 9 Years ago.

Planning Performance Agreements & Development Viability

In considering the introduction of Planning Performance Agreements my LPA also wishes to address the delays and resource implications that are experienced when

assessing development viability in individual planning application cases. Therefore we are exploring the possibility of building-in charging applicants for the carrying out of

the development viability assessment as part of the PPA. Whilst I know this raises a number of issues (not least of which is that an applicant has paid a planning

application fee), are there any LPAs with a similar approach, particularly charging for development viability appraisals, and/or best practice / guidance on this that you

might be aware of ?

Former Member, modified 9 Years ago.

RE: Planning Performance Agreements & Development Viability

Hi Michael, I have to start by saying that the best time to sort out viability and consequent capacity to contribute s106 obligations is during pre-application discussions. The advantages to the approach being

a more streamlined and faster process for the planning application,
the application submission containing all the relevant information including the benefits that the community will gain through the development so that the consultation is more transparent and honest
you can manage the resources to pay for viability analysis through a PPA ( and hopefully more collaboratively rather than having two sets of experts argue it out)

However if you are in a position where the planning application is in before these discussions take place, it is somewhat more complicated. The planning application fee is on the face of it considered sugfficient to process a planning application. If the LPA is offering a discretionary service over and above the "standard" processing of an application, it is possible to justify an additional charge ie. additional payment for additional services.

It is this reasoning that councils can use to offer an enhanced (faster) consideration of the viability issues if the applicant meets the costs of this enhanced service as part of a project management approach embedded in a PPA. The essential consideration is that a PPA is an agreement and for the applicant to sign up, he/she will want to be assured that that enhanced service will be delivered. A project plan with agreed milestones to get the proposal to committee is an integral part of this.

There is some good practice notes on the use of PPAs during pre-application on the PAS website at http://www.pas.gov.uk/documents/332612/6261492/Pre+app+section+3v2/3b3b990c-c5c0-4385-ad2c-048ce015de08 and about charging for discretionary services at http://www.pas.gov.uk/documents/332612/6261492/5.+Calculating+the+cost+of+pre-application+services.pdf/20c1d743-377d-4a98-9c82-3d2e0bf938c3

There is also a helpful presentation from LB Canden about the way that they use PPAs at http://www.pas.gov.uk/web/pas1/events/-/journal_content/56/332612/6931164/ARTICLE

Hope this helps.