5.1 The Committee
received a report which provided an overview of the Draft
Early Community
Engagement Guidance. Over recent years local communities have raised
concerns that they are regularly consulted too late in the planning pre-application process by
developers, or in some instances not consulted at all.
Often the engagement that is undertaken amounts to presentation of a finalised
scheme, which is shortly after submitted as a formal application
without scope for the community engagement to influence
the
proposal. In this context, officers have developed a draft Early
Community Engagement
Guidance Note.
5.2 The purpose of the
draft guidance is to ensure that developers are aware of the
Council’s expectation that community engagement is undertaken
as early as possible during the
planning preapplication phase using methods that
maximise meaningful engagement with all parts of the local
community.
5.3 The draft guidance
sets out examples of good practice and provides a
template timeframe for engagement to show how community engagement
should be scheduled relative to other pre-application engagement
with other
stakeholders and officers. It also explains the level of
information that should be submitted with
pre-application requests to officers and with formal planning
applications to demonstrate the community engagement that has been
undertaken and how the engagement has helped to refine the
finalised development proposal.
5.4 The guidance seeks
to ensure that all engagement is compliant with the Equality Act 2010 and is
inclusive, engaging traditionally disengaged groups as well as those who are more
frequently engaged in planning matters.
Informal consultation on the draft guidance was undertaken between
15
February and 12 March. In addition to the invitation to provide
written comments on the
draft guidance officers held discussion forums with residents’ groups and the
Westminster Property Association during w/c 1 March. The following groups were
consulted: -
•
Amenity Societies
•
Neighbourhood Forums
•
Other semi-recognised residents
groups
•
Business Improvement Districts (BIDs)
•
Queens Park Community Council
•
Westminster Property Association (WPA)
5.5 Members held a
discussion and noted the following: -
- That 5 amenity societies, 7
neighbourhood forums, 2 (BIDs) and the WPA had responded to the
consultation.
- That Residents Groups, BIDs and the
WPA supported the main principles of the draft guidance,
i.e. to deliver more meaningful,
transparent and inclusive community engagement. There were also
recommendations that the guidance should highlight the importance
of engaging with alterative groups, such as youth forums and
employees and workers.
- Members agreed that developers
engaging in separate consultations with alternative groups should
be encouraged. The guidance should encourage developers to use
appropriate formats for these discussions, such as digital
platforms.
- Consultees considered that greater
emphasis should be placed on the importance of the ‘planning
balance’ and the accordance of proposals with adopted
planning policies to manage expectations.
- That Neighbourhood Forums responded
to consultation to raise concern that their importance as a
consultee in the planning process, particularly where they have
adopted a Neighbourhood Plan, was not suitably reflected.
- That Community groups would like to
see a process introduced to ensure feedback following engagement is
more accurately recorded and presented by developers.
- That
BIDs welcomed the recognition in the draft guidance of their role
as a key planning consultee and that they requested that they be
consulted more formally at application stage.
- That the WPA considered that the
Guidance should recognise that there are circumstances where early
engagement prior to seeking pre-application advice from officers is
not feasible.
- That the WPA had recognised the
crucial role of meaningful consultations and engagement in
successfully managing change in the built environment and had
agreed that the criteria should be as flexible as possible and so
that individual site circumstances, and development size can be
taken into account.
- There was recognition that digital
forms of engagement had increased participation.
- The Committee noted that the Early Community
Engagement Guidance was only a guide and that it was not compulsory
for developers to adhere to the advice set out in the document. The
Committee agreed that it would be beneficial to developers if they
adopt the Guidance, and that this would ensure that schemes are
supported by communities. Members were reminded that
The
National Planning Policy
Framework (NPPF)
and National Planning Practice Guidance (NPPG) stipulated the extent to which
developers are required to engage with the pre-application
process.
- The Committee noted that most
developers were aware of the benefits of early engagement and that
the WPA were of the view that extensive community consultation
already occurs on most large and strategic scale development in
Westminster but recognised that there were still scope for improvement.
- Members were advised that
engagement during the pre-application stage was informal and that
developers were required to take lead when consulting parties and
that the Draft Early Community Engagement Guide will provide
guidance on how to undertake these consultations. The Planning
Service will provide support to developers in relation to engaging
with third parties during the application stage.
- Members recommended that a
Community Planning Champion should be explored and noted that this
individual would act as an ‘mediator’ between
developers and third parties and be an expert on planning statutory
requirements and processes. The Committee were informed that there
was a ‘Community Licensing Champion’ and that the
individual liaised between parties and helped to negotiate
licensing conditions and represented third parties at the Licensing
Sub-Committees.
- Members agreed that Committee
reports for the Planning Applications Sub-Committees should include
a segment which details whether developers had engaged with third
parties and when consultations took place. Members commented that
the additional segment in the Sub-Committee reports regarding
engagements could be used as tool to encourage developers to
undertake consultation and will highlight those who fail to do so.
The Committee was informed that schemes could not be refused on the
basis that developers had failed to consult third
parties.
- Members agreed that developers
should be encouraged to undertake consultations at the preliminary
stage of their schemes and that they liaise with third parties
regarding the appearance of new development, its use, and how it
will fit in the area. The Committee agreed that developers should
continue to engage with third parties after planning permission has
been granted in particular during the
construction phase.
5.6 Publication of the
finalised Early Community Engagement guidance will take place at
the later in 2021 following further engagement with interested
parties
on a revised version of the guidance that addresses the comments
made by
consultees in response to consultation on the initial version of
the draft
guidance. Following publication there will be ongoing monitoring of
early
community engagement by developers. Officers advised that it was
envisaged that the measures set out in
the guidance are likely to be adopted by the majority of developers in
future.
5.7 Member thanked
Officers for their work on the Draft Early Community Engagement Guidance
Resolved:
- Members noted the contents of the
report and agreed to support the principle of the draft Early
Community Engagement Guidance.
- That Planning Applications
Sub-Committees reports include a section which details the
engagement that developers have undertaken with third parties prior
to submission of a formal application and the dates these
consultations took place.